Arave v. Idaho Canal Co.
Idaho Supreme Court
APPEAL from District Court, Bingham County. This action was commenced by respondent seeking to have the embankments of a certain canal owned and operated by the appellant declared to be a nuisance because it obstructed the flow of surface water, and caused the same to be dammed, and to form a pool about his premises; and to have such nuisance abated and for his damages resulting from the flooding of his premises, caused by such embankment.
Read the full summary
APPEAL from District Court, Bingham County. This action was commenced by respondent seeking to have the embankments of a certain canal owned and operated by the appellant declared to be a nuisance because it obstructed the flow of surface water, and caused the same to be dammed, and to form a pool about his premises; and to have such nuisance abated and for his damages resulting from the flooding of his premises, caused by such embankment. If appellant raised an embankment upon its right of way which prevented the surface water, falling and running upon the land of respondent, from flowing…
1Opinion of the CourtHuston, J.
The plaintiff in the spring of 1894 was, and for many years prior thereto had been, the owner and in the possession and occupancy of the northwest quarter of section 29, township 1 north, of range 38 east, of the Boise meridian, in the county of Bingham, state of Idaho, and had made valuable improvements thereon in the way of houses, barns, outhouses, fences, etc., and was at the date last mentioned using and occupying said premises as a home for himself and family.' About the year 1890, the defendant corporation constructed a large *70canal, running along the westerly side of the plaintiff’s…
2Cited by10 opinions
- Brizendine v. Nampa Meridian Irrigation DistrictIdaho Supreme Court · 1976
- Stephenson v. Pioneer Irrigation DistrictIdaho Supreme Court · 1930
- Wilson v. Boise CityIdaho Supreme Court · 1899
- Nampa & Meridian Irrigation District v. PetrieIdaho Supreme Court · 1923
- Albrethson v. Carey Valley Reservoir Co.Idaho Supreme Court · 1947
5 more not listed; retrieve them via the Exa API.